Lee County Board Of County Commissioners

Transcription

1 Lee County Board Of County Commissioners t 1. REQUESTED MOTION: Agenda Item Summary Blue Sheet No ACTION REQUESTED: Approve Interlocal Agreement between the Lee County Mosquito Control District (LCMCD) and Lee County for the Lee County Gun Range Site. Execute Lease Agreement between LCMCD and Lee County for the land necessary to construct the firearms training facility. Approve First Amendment to existing Lease Agreements between Lee County and LCMCD for Sanibel Island and Gasparilla Island Helipads, WHY ACTION IS NECESSARY: Board approval of Interlocal Agreement and Lease is required before construction can commence on the firearms training facility. Amending the existing helipad leases will allow them to run concurrent with the firearms training facility lease terms. existing helipad leases. A. COMMISSIONER ADMINISTRATIVE 6. DEPARTMENT ADMIN. CODE The lease agreement is for approximately 7.35 acres of land located in the southeast corner of the Lee County Mosquito Control Districts property in the Buckingham area of East Lee County, identified as Part of Strap No The term of the lease is for a period of 30 years, with the option to renew for an additional 30-year term. Lee County will construct, maintain, and operate the firearms training facility in cooperation with the Lee County Sheriffs Office. Staff recommends Board approval. Attachments: Interlocal Agreement, Lease Agreement, First Amendment for Gasparilla Island Helipad, and First Amendment for Sanibel Island Helipad. 8. MANAGEMENT RECOMMENDATIONS: 9. RECOMMENDED APPROVAL: County Manager

2 INTERLOCAL AGREEMENT BETWEEN MOSQUITO CONTROL DISTRICT AND LEE COUNTY FOR A LEASE OF LAND FOR COUNTY GUN RANGE THIS INTERLOCAL AGREEMENT is made and entered into this day of, 2003, by and between LEE COUNTY, a political subdivision and Charter County of the State of Florida, acting by and through its Board of County Commissioners, the governing body thereof, hereinafter referred to as County, and the LEE COUNTY MOSQUITO CONTROL DISTRICT, an independenttaxing districtwithin the State of Florida, acting by and through its Mosquito Control District Board of Commissioners, hereinafter referred to as Mosquito Control District. WITNESSETH: WHEREAS, the Mosquito Control District Board of Commissioners and the Board of County Commissioners both serve the people of Lee County; and WHEREAS, both the Mosquito Control District and County are mutually interested in providing facilities that provide for the training of law enforcement personnel designed to benefit the public safety of the community; and WHEREAS, both the Mosquito Control District and County are mutually interested in improving their capability for emergency air operations; and WHEREAS, the County has determined the need to construct a firearms training facility known as the Lee County Gun Range on the Mosquito Control District site, Exhibit A (which is attached hereto and incorporated herein); and WHEREAS, the Mosquito Control District owns the property identified in Exhibit A and has determined the parcel (consisting of approximately 8.0 acres located at Buckingham Air Field) to be suitable for construction of the Lee County Gun Range; and WHEREAS, both the Mosquito Control District and County are duly empowered pursuant to Florida Statutes, in particular Section , to enter into interlocal agreements for the sharing of certain governmental power and obligations. 1

3 NOW, THEREFORE, in consideration ofthe foregoing, and ofthe mutual covenants and conditions hereinafter set forth, the Mosquito Control District and County, intending to be legally bound, hereby agree as follows: SECTION I: PURPOSE It is the purpose and intent of this Agreement to define the terms and conditions for use of the certain real property which is described on the attached Exhibit A. SECTION II: OBLIGATIONS OF THE MOSQUITO CONTROL DISTRICT 2.1. The Mosquito Control District owns the parcel identified in Exhibit A. The Mosquito Control District agrees to lease such real property for a term of thirty (30) years to the County for the construction of the Lee County Gun Range, in accordance with the terms of the lease agreement between the Mosquito Control District and the County. In the event that the Mosquito Control District decides to sell the said parcel (Exhibit A ), the County will be afforded the first right to negotiate with the Mosquito Control District for its purchase. Any sale of the property described in Exhibit A by the Mosquito Control District to a third party will.not terminate the County s lease and use rights to the facility for the term noted herein The Mosquito Control District agrees to provide and maintain stormwater drainage structures and conveyances upon which the Lee County Gun Range will rely and which are located outside the boundaries of the lease property on property owned by Mosquito Control District The Mosquito Control District agrees to cooperate with the County in granting such drainage, electric, telephone, cable television, potable water, sanitary sewer, access, or other easements, across property owned by Mosquito Control District, as may be necessary to operate the Lee County Gun Range. SECTION Ill: OBLI~GATIONS OF THE COUNTY 3.1. The County agrees to construct a new firearms training facility to be known as the Lee County Gun Range. The Mosquito Control District has no responsibility for such construction other than for those matters which are specified in this Agreement.

4 3.2. It is the County s intent that the public be granted access to and use of the firearms training facility, subject to reasonable time, place and manner restrictions as established by a facility policy to be drafted and enforced by the Lee County Sheriff s Department with approval by the Board of County Commissioners The County agrees to pay the cost of all utilities necessary to construct and operate the Lee,County Gun Range The County agrees to prepare and obtain all permits necessary to construct and operate the Lee County Gun Range as may be required by authorities having jurisdiction The County agrees to prepare and obtain all easements as necessary to construct and operate the Lee County Gun Range The County agrees to construct the facility in a manner to permit the temporary use of the Lee County Gun Range for storage of certain Mosquito Control District Aircraft and/or equipment during emergencies officially declared by the County The County agrees to permit the Mosquito Control District to use certain classrooms, together with related support areas, for Mosquito Control District training or other similar uses, where such training and similar uses does not conflict with Lee County Gun Range operations. SECTION IV: LIABILITY 4.1. The Mosquito Control District and County agree to provide such appropriate insurance coverage as needed to protect each other s respective interest if one party is using the other party s property Subject to the limitations as set out in Florida Statutes s and s252.51, the County shall defend, hold harmless and indemnify the Mosquito Control District from and against any and all claims, actions, damages, liability, cost and expense, including those arising from bodily injury, death and/or property damage or any other lawful expense, including but not limited to attorney s fees and court costs, brought by third parties arising from the acts or omissions of the County, its agents, employees, contractors or during the County s use of the Mosquito Control District s property Subject to the limitations as set out in Florida Statutes and s252.51, the Mosquito Control District shall defend, hold harmless and indemnify the County from and

5 against any and all claims, actions, damages, liability, cost and expense, including those arising from bodily injury, death and/or property damage or any other lawful expense, including but not limited to attorney s fees and court costs, brought by third parties arising from the acts or omissions of the Mosquito Control District, its agents, employees, contractors or during the Mosquito Control Districts use of the Lee County Gun Range or its storing of property at the facility This Agreement contains the entire agreement between the Mosquito Control District and County, any verbal understanding, statements or prior writings of agreements to the contrary notwithstanding No change, amendment or modification to this Agreement shall be effective unless the same is in writing and signed by both parties. SECTION V: CONTACT PERSON The Director of the Lee County Mosquito Control District or his/her designee shall be the County s contact person with the Mosquito Control District, and the County Manager or his/herdesignee shall be the Mosquito Control Districts contact person with the County. SECTION VI: DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. SECTION VII: AMENDMENTS This Agreement may only be amended in writing duly executed by the Parties. SECTION VIII: RIGHT TO INSPECT The County, its various Departments and all parties entering into agreements

6 with the County that involve public funds, are subject to audit by the Lee County Clerk of Court. As such, the Mosquito Control District will comply with all reasonable requests made by the Clerk of Court to examine the Mosquito Control Districts books and records that are kept relative to this agreement. IN WITNESS WHEREOF, the Mosquito Control District and County hereto have set their hands and seals on the date and year indicated. ATTEST: LEE COUNTY MOSQUITO CONTROL DISTRICT, FLORIDA - ATTEST: CHARLIE GREEN CLERK OF COURTS BOARD OF CO,UNTY COMMISSIONERS OF LEE COUNTY. FLORIDA Deputy Clerk Chairman APPROVED AS TO FORM: Office of the County Attorney

7 &a MAPPING, LLC LAND SURVEYORS l PLANNERS ~DESCRIPTION OF A PARCEL LYING IN SECTION 15, TOWNSHIP 44 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA~ LEE COUNTY SHERIFF S GUN RANGE A TRACT OR,,PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, CQUNTY OF LEE, LYING IN SECTION 15, TOWNSHIP 44 SOUTH, LANGE 26 EAST, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS.~ :COMMENCING AT THE NORTHERLY MOST CORNER OF LOT 2, BLOCK 7 (ALso BEING THE INTERSECTION OF THE WESTERLY RIG& OF WAY OF EAST AVENUE AND THE SOUTHERLY RIGHT OF WAY OF.CROSS STREET) AS RECORDED IN PLAT BOOK 9, PAGE 61 OF THE PUBLIC RECORDS OF LEE..COUNTY, FLORIDA; THENCE SOUTH EAST ALONG THE WESTERLY RIG&T OF WAY OF SA4D EAST AVENUE, FOR FEET.AND THE POINT OF BEGINNING;. THENCE CONTINUE SOUTH 39: EAST ALONG SAID RIGHT OF WAY FOR FEET TO THE CENTERLIN~E OF SPRING STREET O ACATED) AS SHOWN~ IN PLAT BOOK 9,.PAGE 61: THENCE CONTINUE ALONG WESTERLY RIGHT OF WAY OF EAST AVENUE SOUTH,013~ 25 IO EAST FOR 5tl.62 FEET: THENCE SOUTH WEST FOR FEET TO Ati INTERSECTI,oN WITH THE PRoiONG.ATlON: OF THE WESTERLY LINE LOT i, BLOCK 7 AS RECORDED. IN.. PLAT BOOK 9, PAqr 61 ; ~T!-lENCE NORTH WEST.,,KONG SAID PROLONGATION FOR FEET; THENCE NORTH EAST ~FOR FEET; THENCE SOUTH EAST-FOR FEET; THENCE NORTH EAST FOR 2&X76 FEET TO. THE POINT OF BEGINNING. BEARINGS BASED ON THE RIGHT-OF-WAY OF EAST AVENUE (100 FEET WIDE) AS BEARING SOUTH 3s 40 ZO.EAST. PARCEL CONTAINS 7.35 ACRES, MORE OR LESS. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF-WAY (RECORDED ANb UNRECORDED,, WRITTEN AND UNWRITTEN). METRON SljRVEYlNG & MAPPING, LLC RIZATION LB# 7071 PROFESSIONAL SU.RVEYOR AND MAPPER FLQRIDA~CERTIFIOATE NO;. 5838

8 Exhibit A

9 LEASE AGREEMENT BETWEEN LEE COUNTY AND THE LEE COUNTY MOSQUITO CONTROL DISTRICT OF LAND FOR FIREARMS TRAINING FACILITY THlS,LEASE AGREEMENT, is entered into this day of 2003, between the Lee County Mosquito Control District, a Florida Special District, hereinafter called the Lessor, and Lee County, a political subdivision of the State of Florida, by and through the Board of County Commissioners for Lee County, hereinafter called the Lessee. WITNESSETH: The Lessor, in consideration of the mutual covenants contained herein, hereby Leases to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in LEE COUNTY, FLORIDA, described in Exhibit A, which is attached hereto and hereby incorporated herein. I. RENT I RENTAL PAYMENT The rent for the leased premises shall be paid by the Lessee to the Lessor in the amount of One Dollar ($1.OO) per year for the term of this Lease. The rent will be payable each year in advance of the year of occupancy. Rental payments will be paid to the Lessor at: The Lee County Mosquito Control District Homestead Road Lehigh Acres, Florida, II, MAINTENANCE AND REPAIRS The Lessee will keep and maintain the leased property and any building(s) or other structure(s), now or hereafter erected thereon, in good and safe condition and repair at Lessee s own expense during the existence of this Lease, and will keep the same free and clear of any and all grass, weeds, brush, and debris of any kind. The Lessee will provide for any required maintenance and repairs, including repairs or replacement of any equipment as may be necessary due to normal usage.

10 Ill. UTILITIES 1. The Lessee will bear the full cost of any water and/or wastewater service(s) used by the Lessee and will also bear the cost for trash pick-up, use of electricity, telephone services, and any other utility services provided to the leased premises. 2. The Lessor will agree to execute any easements, both on the leased premises and off the leased premises, necessaryto provide electricity, telephone services, drainage, and other utility services related to the leased premises. IV. USE OF PREMISES 1. The premises will be used and occupied by the Lessee for the purpose of constructing and operating a firearms training facility and gun range. Future site developments may include construction of outdoor firearms training facilities and related : Improvements. Any structures or improvements will be constructed in good and workmanlike manner at Lessee s sole cost and expense. 2. The premises may not be used for the purpose of carrying on any private business, profession, or trade of any kind, or for purposes other than for public use by the Lessee for a firearms training facility and gun range. 3. The Lessee will not make unlawful, improper or offensive use of the premises or any use or occupancy thereof contrary to the laws of the State of Florida, or to the Ordinances of the County where the premises are located. V. HANDICAPPED STANDARDS AND ALTERATIONS 1. The premises will be constructed in conformance with the requirements of the Florida Building Code, 2001 Edition, at the Lessee s sole expense: 2. The Lessee may make alterations to the premises during the term of this Lease with the written consent of the Lessor. The Lessor may not unreasonably withhold the consent to requests for alterations. VI. INJURY OR DAMAGE TO PROPERTY ON PREMISES 1. All property that may be placed or located on the premises during the continuance of this Lease will be at the sole risk of the Lessee, except for any property owned by Lessor and stored at the firearms training facility. ORI($INAl. DOCUPIEFUS KF i AXNft) It d COtJNiY t.wtws FIt.l!S FOR IIAtlt9L~IRII; 2. UPON IIOARQ AC.CEPTANCE*

11 I..,. 2. The Lessee will pay any insurance premiums as required on the leased premises. The Lessor will not be liable for injury, loss, damages or theft to persons or property or fixtures belonging to the Lessee located on the leased property. VII. SUITABILITY FOR USE The Lessee stipulates that it has examined the premises, including the grounds and any buildings and improvements thereon, and that they are, at the time of this Lease in good order, good repair, safe, clean, and useable condition and suitable for the Lessee s intended use. The Lessee is renting the premises in an AS-IS condition. VIII. TERM The term of this Lease shall extend continuously and uninterrupted from the date of execution by the Lessor for a term of thirty (30) years, with an option to renew the term of the Lease upon expiration for an additional thirty (30) year term. IX. EXPIRATION OF TERM At the expiration of the term and unless renewed, the Lessee will peaceably yield the premises in good and tenant able repair. It is understood and agreed between the Parties that the Lessee has the right to remove all personal property from the premises upon its departure. Lessee at its expense will perform an environmental audit for lead (Phase II Audit), at the expiration of the term. X. SUBLETTING AND ASSIGNMENT The Lessee may not assign this Lease, or sublet or grant any concession or license to use the premises or any part of the premises during the term of this Lease, without written approval of Lessor. Xl. RIGHT TO TERMINATE I. The Lessee shall have the right to terminate this lease upon giving one (1) year written notice to the Lessor by certified mail. The Lessor will not have any right to terminate absent good cause. In the event that the Lessor terminates this lease for good

12 ,.. cause, Lessor s two (2) lease agreements withy Lee County OR Book 3428 Page 0493 and OR Book 3364 Page 2965 and attached hereto will automatically become void, unenforceable and of no further effect. 2. If the Lessor terminates the lease prior to the end of th.e lease term or if Lessor fails to renew the lease for an additional 30-year term, then the Lessorwill pay Lee County the market value of the improvements made by Lessee, as of the time of termination or non-renewal of the lease. The market value of the improvements will be determined by an appraisal conducted by a qualified, state certified MAI or general appraiser, who is mutually acceptable to both parties. The parties will cost share in equal proportion the fee for the appraisal. The Lessor does not have to pay for the market value of improvements where the termination of the lease is at the election of the Lessee. 3. In the event that the Mosquito Control District decides to sell the said parcel (Exhibit A ), the County will be afforded the first right to negotiate with the Mosquito Control District for its purchase. Any sale of the property described fin Exhibit A by the Mosquito Control District to a third partywill not terminate the County s lease and use rights to the facility for the term noted herein. XII. LIABILITY 1. Subject to the limitations as set out in Florida Statutes $ and $252.51, the County~shall defend, hold harmless and indemnify the Mosquito Control District from and against any and all claims, actions, damages, liability, cost and expense, including those arising from bodily injury, death and/w property damage or any other lawful expense, including but not limited to attorney s fees and court costs, brought by third parties arising from the acts or omissions of the County, its agents, employees, contractors or during the County s use of the Mosquito Control District s property. 2. Subject to the limitations as set out in Florida~ Statutes $ and $252.51, the Mosquito Control District shall defend, hold harmless and indemnify the County from and against any and all claims, actions, damages, liability, cost and expense, including those arising from bodily injury, death and/or property damage or any other lawful expense, including but not limited to attorney s fees and court costs, brought, by third parties arising from the acts or omissibns of the Mosquito Control District, its agents, employees, ORIGINAL DOCUb4CNTS RETAINED KM COtJN'rY LANOS FPI.ES FOR t~~anqt.~n~ 4 UPON i:oara) A~~~~t~~AN~~~~ o

13 ,I, contractors or during the Mosquito Control District s use of the Lee County Gun Range or storing of its property at the facility. 3. The Lessee will provide evidence of insurance as per attached Exhibit B. 4. The Lessor will provide evidence of insurance for any of its equipment stored on the leased premises. XIII. DANGEROUS MATERIALS Other than those materials ordinarily necessary for the Lessee s operation of a firearms training facility and gun range, the Lessee may not keep or have on the Leased premises articles of dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire or that might be considered hazardous or extra hazardous by any responsible insurance company. At the end of the lease term, the County will conduct a Phase II Environmental Sit& Assessment for lead and hazardous waste. The County will not be responsible for any unknown conditions existing prior to commencement of the lease. The County will b6 responsible for the clean up of any conditions it caused by the operation of the firearm training facility. XIV. HOLDOVER BY LESSEE If the Lessee remains in possession of the premises with the consent of the Lessor after the natural expiration of this Lease, a new tenancy from month to month will be created between the Lessor and the Lessee. The new tenancy will be subject to all terms and conditions of this Lease Agreement but will be terminable on thirty (30) days written notice served by either the Lessor or the Lessee on the other party. XV. NOTICES AND INVOICES All notices required to be served upon the Lessee will be served by Registered or Certified Mail, Return Receipt Requested at the Lee County Division of County Lands, 1500 Monroe Street, 41h Floor, Fort Myers, Florida 33901, and all notices required to be served upon the Lessor will. be served by Registered or Certified Mail, Return Receipt

14 Requested, at the address of~the Lessor at the Lee County Mosquito Control District, Homestead Road, Lehigh Acres, Florida XVI. DEFINITION OF TERMS The terms Lease, Lease Agreement, or Agreement will be inclusive of each other and also includes renewals, extensions of modifications of this Lease. The terms Lessor and Lessee includesthe heirs, or successors in interest to the Parties hereto. The singular will include the plural and the plural will include the singular whenever the context so requires or permits. XVII. QUIET ENJOYMENT The Lessor covenants that upon performing the covenants contained in this Lease Agreement, the Lessee may peacefully and quietly have, hold, and enjoy the premises for the agreed term. XVIII. WRITTEN AGREEMENT This Lease contains the entire Agreement between the Parties hereto. It may be modified only with the Agreement to such modification by the Lessor, and by Resolution approved by the Board of County Commissioners. This Lease Agreement shall be interpreted~pursuant to the laws and administrative rules of the State of Florida, and the United States, when applicable. 6

15 IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Lease Agreement to be executed bytheir respective and duly authorized officers the day and year first written above. ATTEST: CHARLIE GREEN CLERK OF COURTS Lessee: LEE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Deputy Clerk Chairman APPROVED AS TO FORM: Office of the, County Attorney Lessor: Lee County Mosquito Control District Witness

16 URVEtiG & MAPPING, LLC ~~,~ *PLANNERS DESCRIPTION OF A PARCEL LYING IN SECTldN 15: TOWNSHIP 44 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, LEE COUNTy SHERIFF S GUN RANGE A TRACT ORNPARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, LYING., IN SECTION 15, TOWNSHIP 44 SOUTH, RANGE 26 EAST, BEING FURTHER BOUND AND DESCRIBED AS FOLLOWS., COMMENCING AT THE NORTHERLY MOST CORNER, OF LOT 2; BLOCK 7 (ALSO BEING THE INTERSECTION OF THE WESTERLY RIGt!T OF WAY OF EASJAVENUE AND THE SOUTHERLY RIGHT OF WAY OF-CROSS STREET) AS RECORDED IN PLAT BOOK 9, PAGE 61 OF THE PUBL(c RECORDS OF LEE..COUNTY, FLORIDA; THENCE SOUTH EAST ALONG THE WESTERLY RIGt!T OF WAY OF SA4D EAST AVENUE FO FEET.AND THE POINT OF BEGItiNING;. n. : THENCE CONTINUE SOUTH 39: EAST ALONG SAID RIGHT OF WAY FOR FEET TO...~,THE CENTERL1N.E OF SPRING STREET -\IACATED) AS SHOWN. IN PLAT BOOK 9,.PAGE. 61; THENCE CONTINUE ALCING WESTERLY IflO& OF WAY OF EAST AVENUE SOUTH,OO 25 IO EAST FOR 5?1.62 FEET: THENCE SOUTH WEST FOR 76.26,FEET TO Ati INTERSECTION WITH THE PROiOtiGATlOl$ OF THE WESTERLY LINE LOT i. BLOCK 7 AS RECORDED. IN.. PLAT- BOOK Qj PAGE 61:.mENcE NORTH WEST,..ALONG SAID PROLONGATION FOR FEET; THENCE NORTH 50 IQ 40 EAST ~FOR FEET; THENCE : SOUTH &AST-FOR FE@7; THENCE NORTH 5O lq 40 EAST FOR 261X76 FEET TO.. THE POINT OF BEGINNING. BEARINGS EASED ON ~THE RIGHT-OF-WAY OF EAST AVENUE (100 FEET WIDE) AS BEARING SOUTH ZO.EAST. PARCEL CONTAINS 7:35 AC+, MORE OR LESS. PARCEL SUBJECT TO EASEMENTS, RESTRICTIONS, REsERvATloNs AND RIGHTSOF-WAY (RECORDeD AND UNRECORDEQ,, W~RITTEN AND UNWRITTEN). : METRON SURVEYING & MAPPING, LLC i$zatlon LB# PROFESSIONAL s& EYbR AND MAi PER FLORIDA~CERTIFICATE NO;. $838 :.,::.,.., :,.,;. i,.; C.~ :.;.:&j;.. pi,,. ;,_..~ i / 5245 l&msey tiay 8iJIti W +OkT l&f+& FiOtiIDA l PH. (&9; ,&& i&8$) 2;&& wvw.m~tmnti.cdtn., :,,,:i::~j.~~,-..,i.,,~~,~,,;~;.:; 1,,,,.. _,:.., :,;.~i.,~:;*,,.~,~ i;il;&ii:l j./, :.,. :.,.,~., :,:;,(. <...1. :. :v -...~.,,. :.

17 ,.

18 FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN LEE COUNTY AND THE MOSQUITO CONTROL DISTRICT FOR GASPARILLA ISLAND HELIPAD THIS AMENDED LEASE AGREEMENT, is entered into this - day of 2003, between Lee County, a political subdivision of the State of Florida, by and through th Board of County Commissioners for Lee County, hereinafter called the Lessor, and the Lee County Mosquito Control District, a Florida Special District, hereinafter called the Lessee. WITNESSETH: WHEREAS, the parties previously entered into a Lease Agreement for the lease of County lands, i.e acres, on Gasparilla Island bythe Mosquito Control District ( MCD ) on May 8,2001, recorded in O.R. Book 3428, Page 0493, Public Records of Lee County; and WHEREAS, the parties now desire to amend the Lease Agreement to extend the lease term in consideration for the lease of land owned by MCD for a county firearms training facility. NOW, THEREFORE, in consideration oftheforegoing, and of mutual covenants and conditions hereinafter set forth, the County and the Mosquito Control District, intending to be legally bound, hereby agree to this First Amendment, as follows: 1. The recitals as set forth above are incorporated into the terms of the original agreement. 2. SECTION IX: TERM is amended as follows: The term of the lease will extend from the date of execution by the Lessor for thirty (30) years, with an option to renew for an additional thirty (30) year term. This lease shall run concurrently with the County s lease of land from the Mosquito Control District for a firearms training facility. 3. All other terms of the Lease Agreement remain the same. 4. This Amended Lease Agreement shall become effective on the date written above. This Agreement, and any subsequent Amendments thereto, shall be filed with the

19 Clerk of the Circuit Court for Lee County. IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Amended Lease Agreement to be executed bytheir respective and duly authorized officers the day and year first written above. Witness Lessee: Lee County Mosquito Control District ATTEST: CHARLIE GREEN CLERK OF COURTS LEE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Deputy Clerk Chairman APPROVED AS TO FORM: Office of the County Attorney

20 FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN LEE COUNTY AND THE MOSQUITO CONTROL DISTRICT FOR SANIBEL ISLAND HELIPAD THIS AMENDED LEASE AGREEMENT, is entered into this - day of 2003, between Lee County, a political subdivision of the State of Florida, by and through th Board of County Commissioners for Lee County, hereinafter called the Lessor, and the Lee County Mosquito Control District, a Florida Special District, hereinafter called the Lessee. WITNESSETH: WHEREAS, the parties previously entered into a Lease Agreement for the lease of County lands, i.e acres, on Sanibel Island by the Mosquito Control District ( MCD ) on September 27,2000, recorded in O.R. Book 3364, Page 2965, Public Records of Lee County, Florida; and WHEREAS, the parties now desire to amend the Lease Agreement to extend the lease term in consideration for the lease of land owned by MCD for a county firearms training facility. NOW, THEREFORE, in consideration oftheforegoing, and of mutual covenants and conditions hereinafter set forth, the County and the Mosquito Control District, intending to be legally bound, hereby agree to this First Amendment, as follows: 1. The recitals as set forth above are incorporated into the terms of the original agreement. 2. SECTION IX: TERM is amended as follows: The term of the lease will extend from the date of execution by the Lessor for thirty (30) years, with an option to renew for an additional thirty (30) year term. This lease shall run concurrently with the County s lease of land from the Mosquito Control District for a firearms training facility. 3. All other terms of the Lease Agreement remain the same. 4. This Amended Lease Agreement shall become effective on the date written above. This Agreement, and any subsequent Amendments thereto, shall be filed with the

21 Clerk of the Circuit Court for Lee County. IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Amended Lease Agreement to be executed by their respective and duly authorized officers the day and year first written above. /g Witness / Lessee: Lee County Mosquito Control District 0, Tk+-&L opfimissionet-4 ATTEST: CHARLIE GREEN CLERK OF COURTS LEE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Deputy Clerk Chairman APPROVED AS TO FORM: Office of the County Attorney